Ohio Supreme Court upholds Lorain man's conviction in crash that injured trooper

The Ohio Supreme Court on Thursday rejected a Lorain man's appeal of his aggravated vehicular assault conviction for hitting and seriously injuring a State Highway Patrol trooper with his car in 2020 while under the influence of marijuana. Justices affirmed Edward Balmert's conviction in a 6-1 ruling, with only Justice Jennifer Brunner dissenting in part from the majority. At the heart of his appeal was whether or not he was impaired by marijuana at the time of the crash, as authorities found THC metabolites in his urine. Balmert, 61, is serving a two-year prison sentence for aggravated vehicular assault, a felony. Justices agreed with former Judge James Miraldi and the 9th District Court of Appeals that there was enough evidence to convict Balmert of that charge at trial. "An accident can be the foreseeable result of the effects of marijuana use on one's driving, even if a trier of fact, for whatever reason, does not think that the effects of that use satisfy the catch-all provision for driving 'under the influence'" found in state DUI law, Justice Pat Fischer wrote for the majority. "We believe that to be the case here." Attorney Stephen Hanudel argued Balmert wasn't intoxicated and that the hemp he used to treat arthritis didn't impair him and cause him to hit Trooper Cynthia Gehlmann as she directed traffic at Middle Ridge Road and state Route 2 on June 9, 2020. Balmert hit Gehlmann with his 2020 Kia Sportage, knocking her unconscious and injuring her so seriously it ended her career. Testing found THC metabolites, which are created when the active ingredient in marijuana breaks down inside the body, in Balmert's urine. Hanudel argued the metabolites alone didn't prove his client was driving impaired. Six out of the seven justices on the state's highest court disagreed. "Balmert had a concentration of marijuana metabolites in his urine that exceeded the legal limit when he struck and seriously injured" Gehlmann, Fischer wrote. "The state presented evidence showing that the use of marijuana products can slow the user's reaction time and affect his ability to focus." Brunner wrote that all that the presence of THC metabolites showed was that Balmert had used marijuana products in the past, not that he was impaired. Gehlmann sued Balmert, the city of Lorain and Cincinnati Insurance Company in Common Pleas Court in 2022. The lawsuit was settled in May, according to court records. Balmert is expected to be released on parole in April, according to the Ohio Department of Rehabilitation and Correction.